In December of 2013, the US House passed the Innovation Act with hardly a discussion. If we hadn’t been able to stop it in the Senate, you would now be in a more anti-inventor environment than has ever existed in America. Well, the Innovation Act is back in the House.
With “Loser Pays,” trying to defend your patent could make you liable for the infringer’s legal costs if you do not prevail. Do you have an extra $1,000,000 or more available for this? Could you defend a patent with this kind of liability? How about any investors working with you? They will be personally liable. This will drastically reduce investment in patent related startups.
If you’ve kept up with my earlier emails, you know that the Post Grant Opposition (PGO) procedures that were created by the America Invents Act are now invalidating 75% of the patents they are directed at. As shocking as this is, rather than curtailing them in any way, the Innovation Act expands their use!
“Enhanced Pleadings” and “Limiting Discovery” require the patent holder defending a patent to spend more money up front and operate with less information than is needed. These weigh heavily against the patent holder’s ability to defend a patent.
There’s more, and all of it hurts the independent inventor. This legislation is fatal to innovation in America. The good news is that you are hearing about it before it has been passed, and there is still time to stop it.
Next week, Representatives will be in their home districts rather than in Washington DC. This is the time to visit them and get them to see our position. Honestly, many of them have been bombarded with “patent troll” propaganda and haven’t heard any of our message. You can inform them and help stop this tragedy from happening.
If you can’t visit them, please call and email them. When you email them, it will help if you include a great document that Paul Morinville of USInventor.com is handing out in DC right now. You can read and download it here: http://usinventor.org/assets/Googled_-_HR9_V2.pdf. If you visit your Representatives offices, I encourage you to take this document with you – it really hits hard at what has been happening in DC and makes the right impact. It will also help Paul and I get into more offices when we are in DC.
Inventors from coast to coast are getting this email. We are all in this battle together, and we can make the difference. Let’s not let this legislation see the light of day. Call and email your Representatives, and visit them when they are in your state next week. Do this and we will show that the American independent inventor cannot be trampled!
Randy Landreneau, Founder
Independent Inventors of America